Pennsylvania lawmakers want answers on ESU scandal

Lawmakers with Pocono ties want to know if students at state schools are safe from sexual harassment following a shocking lawsuit against East Stroudsburg University.

SUSAN KOOMAR

Lawmakers with Pocono ties want to know if students at state schools are safe from sexual harassment following a shocking lawsuit against East Stroudsburg University.

The lawsuit claims one current and five former students were victimized by a top administrator and that ESU's president and other officials tried to cover up the scandal.

Key concerns include whether internal investigations — which found claims unsubstantiated — were handled correctly by ESU President Robert Dillman, and what, if any, sexual harassment training is required for staff in the Pennsylvania State System of Higher Education (PASSHE).

ESU is one of 14 state schools supported by taxpayers, who could end up footing the bill if the lawsuit is settled out of court. The 14 schools enroll 112,500 students.

Three House members and staff representing three state senators met with state system Chancellor John C. Cavanaugh and the system's acting chief counsel. They met in response to a Pocono Record query asking if lawmakers are satisfied with progress in the state system's investigation, which began before a civil lawsuit was filed Feb. 13 on behalf of the alleged victims.

The chancellor, lawmakers and staff met Thursday for more than an hour in a session that was, at times, tense and frustrating.

"Nobody in that room was happy," said a participant.

The state system declined to provide details on the investigation, cautioning lawmakers that they could be drawn into a legal tangle if given too much information.

"Those of us who met personally with the chancellor left that meeting with more questions than answers," said Bernard J. Kieklak Jr., chief of staff for state Sen. Lisa Boscola, D-18.

"We got the impression that the state system was more concerned about limiting their own liability in this matter, rather than acting aggressively to protect students at ESU. If there is even an inkling that this long-awaited, independent investigation was influenced one way or the other, I can assure you that the chancellor will be the next one to be investigated. And it won't be pretty."

The civil lawsuit claims former ESU Vice President for Advancement Isaac Sanders preyed on vulnerable students, offering them work in his office, money and gifts, then groping them and initiating unwanted sex.

Sanders was fired in October — more than a year after a series of anonymous letters seemingly sought to alert Dillman and ESU trustees to sexual and financial misdeeds.

The state investigation is expected to be done by the end of March. A report by an attorney from the Governor's Office of Chief Counsel will go to the state system's top lawyer, but lawmakers may not have access to the document, which will likely be treated as "work product" between one attorney and another.

Then attorneys will interview all ESU officials named in the lawsuit to see if their information corroborates or refutes the contents of the report.

Kieklak expressed concern that his boss will not have access to the report.

Several lawmakers issued statements after Thursday's meeting in Harrisburg.

"The allegations of extended misconduct and cover-up are serious and alarming. I am asking a lot of tough questions of the chancellor and officials of the state system," said state Sen. Lisa Baker, R-20.

"My expectation matches the public expectation — the investigation must take a more critical look at the actions of Mr. Sanders, it must determine whether the actions of the administrators at East Stroudsburg University were appropriate or not, and it must result in the creation of a policy that protects against harassment and provides a fair and effective avenue of complaint when misconduct occurs. If the investigation proves insufficient in any of these respects, then we will pursue a legislative remedy."

Some at the meeting were disturbed that alleged problems escalated to the point of a sexually explicit lawsuit filed in civil court. The complaint describes how one alleged victim washed his mouth out with peroxide and bleach, then fell to the floor and cried for two hours after being forced to perform oral sex on Sanders.

One of the lawyers representing the young men is Albert R. Murray Jr., a former federal prosecutor. Murray's family has had close ties to ESU. His father, a New York City criminal court judge, served as an ESU trustee.

"I am not satisfied that it took a lawsuit to bring these allegations to light before they could be dealt with," Boscola said. "These allegations are very serious and very disturbing. Any student who is in danger of being harmed at any college or university anywhere in Pennsylvania will always be of concern to me."

State Sen. Pat Browne, R-16, issued a similar comment: "It is truly unfortunate that it took action by students outside the normal grievance process for these allegations to be given the thorough due diligence that they require."

Browne is vice chairman of the state Senate Education Committee.

Some political staffers urged the chancellor to make students' well-being his focus. One was dismayed by the chancellor's response that the ESU scandal is being regarded as a learning opportunity for state system officials.

State Rep. Mario Scavello, R-176, said the meeting left him confident that the state system is conducting a "comprehensive and thorough" investigation through an outside attorney from the Governor's Office of Chief Counsel.

"If it (the allegations) happened, it will never happen again," he said.

But Scavello seems skeptical of the cover-up conspiracy alleged by the civil lawsuit. "We must remember that the isolated actions of one individual should in no way detract from our support of the mission of the East Stroudsburg University community as a whole," he said.

Sexual harassment prevention emerged as a key issue for state Rep. John Siptroth, D-189.

"Direct oversight of the state's 14 state universities falls under the jurisdiction of SSHE (the state system). If SSHE practices were questionable, then it may fall on the Legislature to act.

"One suggestion I would have for SSHE as a result of these implications would be a requirement that all employees, both professional and support staff, attend sexual harassment training."

Beyond that, Siptroth said the Legislature is primarily concerned with matters related to funding PASSHE and its member schools.

But Siptroth added, "Any harassment, sexual or otherwise, of staff and/or students by any individual should not be tolerated, and I would expect nothing less than an exhaustive and diligent investigation."

Another lawmaker, Rep. Mike Carroll, D-118, serves on the House Education Committee.

"Without question, these very serious allegations demand a thorough examination by SSHE officials, and I look forward to the timely completion of the investigation so appropriate steps can be taken to ensure such actions do not occur on any of the SSHE campuses including East Stroudsburg," he said in a written statement.

But Carroll added the he expects updates from state officials to have limited information "considering the pending litigation."

A member of the Senate Education Committee offered one of the least substantive statements. "It is my understanding that a comprehensive investigation is being undertaken by the state system. Given that an investigation is ongoing, I don't believe further comment is appropriate at this time while the investigation is in process," said state Sen. Ray Musto, D-14.

State Rep. Mike Peifer, R-149, and state Sen. Robert Mellow, D-22, did not respond to requests for comment.

The state Human Relations Commission is also investigating the harassment allegations.